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New York City · Security deposit

NYC security deposit rules for landlords: what changed in 2019 and what's required now.

The Housing Stability and Tenant Protection Act of 2019 fundamentally changed NYC security deposit rules. The maximum deposit was capped at one month's rent, the return deadline was shortened to 14 days, and landlords who fail to comply now face double damages plus attorney fees. Here is what every NYC landlord needs to know in 2026.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

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Frequently Asked Questions

Can I charge more than one month's security deposit in NYC?
No. For any lease signed or renewed after June 14, 2019, the maximum security deposit is one month's rent. You also cannot charge a last month's rent deposit, a pet deposit, or a move-in fee in addition to the one-month security deposit. The HSTPA prohibits collecting any advance payment of rent beyond first month's rent plus one month's security.
How long do I have to return a security deposit in NYC?
14 days from the date the tenant vacates and returns the keys. If you keep any portion, you must also provide an itemized written statement of deductions with supporting documentation (receipts or reasonable cost estimates). Missing the 14-day deadline or failing to provide the itemized statement exposes you to double damages plus attorney fees under GOL § 7-108.
What counts as normal wear and tear in NYC?
Normal wear and tear is deterioration from ordinary residential use that a landlord should expect at the end of a tenancy. New York courts have found these to be normal wear and tear: minor wall scuffs, small nail holes, faded or chipped paint after several years, worn carpet from foot traffic, and minor scratches on hardwood floors. You cannot charge for repainting after a normal tenancy or cleaning a unit that was left in reasonably clean condition.
Can the tenant sue me for not returning the security deposit in NYC?
Yes. A tenant can sue in NYC Small Claims Court (up to $10,000) or Civil Court for: failure to return the deposit within 14 days, failure to provide an itemized deduction statement, or bad-faith withholding. The court can award double the amount wrongfully withheld plus attorney fees. Small Claims Court has no filing fee limit for tenants and does not require an attorney.

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